The government has lost its legal challenge to block Boris Johnson’s unredacted WhatsApps, notebooks and diaries from being handed over to the official Covid inquiry, after a ruling by the high court.
Judges said the diaries and notebooks “were very likely to contain information about decision-making” during the Covid pandemic, erring on the side of the inquiry chair, Heather Hallett.
They described the terms of reference for the inquiry as “very wide” and suggested Lady Hallett’s team should be allow to “fish” for documents with an “informed but speculative request”.
In a ruling handed down on Thursday, the judges decided Hallett could see all WhatsApps requested but hand back those she deemed irrelevant without them being disclosed to third parties.
The government vowed to “fully comply” but defended its decision to launch a judicial review to clarify Hallett’s powers under the 2005 Inquiries Act.
Ministers had initially resisted handing over the full tranche of unredacted documents, due to concerns they contained private details – for example of a child’s schooling arrangements.
Lawyers for the Cabinet Office argued during the one-day evidence hearing last Friday that Hallett’s request was “so broad” it was “bound to catch” a large amount of material “unconnected” to Covid.
Examples cited included WhatsApp messages held by a No 10 aide, Henry Cook, about one country invading another, and the trial of foreign nationals.
But the inquiry’s lead counsel said the idea that the Cabinet Office could decide which documents were relevant “would emasculate this and future inquiries”.
Johnson’s lawyer supported the inquiry, and warned there was a “real danger” of undermining public confidence in the process if the Cabinet Office was successful.
The ruling that means Hallett can hand back irrelevant material seemed to mollify their immediate concerns that private information may be shared with “core participants” to the inquiry, who are entitled to see certain evidence, speak in hearings and ask questions of witnesses.
But government insiders still fear a precedent has been set that could lead to further demands for messages from serving ministers.
The judicial review was branded “a desperate waste of time and money” by Deborah Doyle, a spokesperson for the Covid-19 Bereaved Families for Justice UK campaign group.
She said: “The inquiry needs to get to the facts if the country is to learn lessons that will save lives in the future. That means it needs to be able to access all of the evidence, not just what the Cabinet Office wants it to see.”
A successful inquiry could save thousands of lives in the event of another pandemic, Doyle added.
A government spokesperson said the Cabinet Office was “cooperating in the spirit of candour and transparency” and the inquiry was “an important step to learn lessons from the pandemic”.
They said the judges had acknowledged the judicial review was “valid as it raised issues … that have now been clarified”, and called the judgement “a sensible resolution” that would allow Hallett to see information she deemed relevant but still respect “the privacy of individuals”.
The spokesperson added: “We will comply fully with this judgment and will now work with the Inquiry team on the practical arrangements.”
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